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HomeMy WebLinkAbout1987-333/24/87('j4)LEGAL(Wnm) ORDINANCE NO. 8.7- 33 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 13 OF THE COUNTY CODE OF LAWS AND ORDINANCES, CREATING ARTICLE III OF CHAPTER 13, ENTITLED "PUBLIC NUISANCES"; PROVIDING FOR STATEMENT OF LEGISLATIVE INTENT, PROVIDING FOR DEFINITIONS, PROVIDING FOR REGULATION OF NUISANCES .ON PRIVATE AND PUBLIC LANDS AND WATERS; CREATING PROCEDURES FOR ABATEMENT OF NUISANCES, PROVIDING FOR ASSESSMENTS FOR ABATEMENT OF NUISANCES; PROVIDING FOR PUBLIC HEARING ON ASSESSMENTS, PROVIDING FOR SERVICE OF NOTICE, PROVIDING FOR PENALTIES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County has determined that the regulation of the. disposal and accumulation of debris, junk, trash, unserviceable vehicles.and weeds is in the public interest and necessary for the health, safety and welfare of the citizens: of Indian River County; and WHEREAS, the County and private industry have previously provided and set aside specific areas for disposal of debris, junk, trash, unserviceable vehicles and weeds, and NOW, THEREFORE, BE IT ORDAINED by Indian River County, through its Board of County Commissioners, that. SECT I -ON 1 Article III, Sections 16 through 24 of Chapter 13 of the Code of Laws and Ordinances of Indian River County, Florida, is hereby created to read as follows. ARTICLE III. PUBLIC NUISANCES Section 13-16. Statement of Legislative Intent. For the purpose of promoting the health, safety and general welfare of the community, the Board of County ORDINANCE NO. 87 - Commissioners of Indian River County .finds it necessary that lands in the unincorporated areas of Indian River County be cleared of any noxious substance or material which might tend to be a fire hazard or other health hazard, or which is considered to be obnoxious and a nuisance to the general public. Such substances or material shall include, but not be limited to, the following: garbage, trash, weeds, junk, debris, unserviceable. vehicles, or any other offensive materials which constitute a nuisance as defined within this article. Section 13-17. Definitions. For the purpose of this article, the following terms are defined as indicated. "Debris" shall mean, fragments or accumulations of pieces or cuttings of metal, rubber, plastics, cloth, paper, glass, or any. other natural, manufactured, or vegetative matter. "Garbage" shall mean materials resulting from the preparation, cooking and serving of food, market wastes, trimmings and other discarded matter from meat or produce, including containers in which packaged and any other matter, of any nature whatsoever, which is subject to decay, putrefaciion,and generation of noxious or offensive gases or odors,, or which,, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying insects, or any container of materials defined herein. "Junk" shall mean pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other objects manufactured from either organic or inorganic materials. "Nuisance" shall mean any debris, garbage, junk, trash, weeds, or unserviceable vehicles, as defined in this article, or any other substance or materials which, by ORDINANCE NO. 87 - hazard, and/or which is considered obnoxious and offensive to the general public. i "Person" shall mean .any individual, firm, business, partnership, corporation, or unincorporated association or any other legal entity. "Trash" shall mean and include all horticultural trimmings, and all accumulations of grass, weeds, palm fronds, leaves, flowers, shrubs, vines, tree limbs, and other similar accumulations of vegetative matter incidental to yardkeeping. "Unserviceable vehicle" shall mean any automobile, truck, tractor, motorcycle, boat, trailer, mobile home, or other vehicle, that,. due to age, wear, and general deterioration is not in operating condition or does not bear current license plates, except for vehicles having historic or antique value when such vehicles are stored in an enclosed structure. "Weeds" shall mean any accumulation of untended dead or living grasslike and/or herbaceous vegetation, generally found in association with an unkept yard area, which might give off an obnoxious odor., become infested with vermin constituting a health hazard, or become a fire hazard under drought conditions. Such definition shall not include trees or shrubs, or understory vegetation which is in association with an undeveloped wooded lot. .The term "weeds" shall not be deemed to include any vegetation protected in Chapter 2321, Tree Protection, of the County Code of Laws and Ordinances. Section 13-18. Nuisance Restrictions. --------------------- Accumulations of debris, garbage, junk, trash, weeds, unserviceable vehicles, or other noxious materials are hereby declared a public nuisance and shall be removed from all lots, parcels and tracts of land unless otherwise permitted by the terms of this ordinance. 3 ORDINANCE NO. 87- (a) Weed Clearance. The following provisions shall apply to weeds as defined in Section 13-17 of this article. (1) The accumulation of weeds in excess of 18 inches in height is hereby prohibited on any lot, parcel, or tract of land which lies contiguous to a' commercial or residential structure and within a platted, recorded subdivision where the platted lots are at a minimum of 50% developed. Agriculturally zoned land shall be exempt from this section. (2) Maintenance of weeds to meet the 18 inch maximum height limitation which entails the grubbing (uprooting) of vegetation, with the exception of traditional mowing, shall be subject to the provisions of Chapter 231 Tree Protection, of the Code of Laws and Ordinances of Indian River County. (3) The existence of untended weeds, as defined in Section 13-17, in excess of 18 inches in height on any lot, parcel, or tract of land as described in subsection 13-18(a)(1) shall be prima facie evidence of intent to violate and of a violation of this section by the owner, owners, and occupant of said land. (4) Upon receipt of a notice of violation of Section 13-18(a)(1), the owner, lessee, and/or tenant of the involved property shall abate such violation within the time specified in Section 13-19 of this article, and after such time shall be jointly and severally liable for any continuation of such violation. ORDINANCE NO. 87- (b) Restriction of garbage, trash, l junk, debris or unserviceable vehicles in or on public or private property.. (1) No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned, or accumulated -any junk, wrecked, or unserviceable vehicle or the parts thereof on property in the unincorporated. areas of the County unless such vehicles or parts are stored in an enclosed structure or at an authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate, or permit or cause to be thrown, discarded, placed, abandoned or accumulated any junked or unserviceable refrigerator, stove, washing machine, water heater, or other household appliance or equipment, or any garbage, trash, junk, debris or unserviceable vehicles on property in the unincorporated areas of the County except at an authorized junk yard, or at a landfill or other solid waste disposal site that holds a permit issued by the Florida Department of Environmental Regulation pursuant to Part 4 of Chapter 403, Florida Statutes, and is operated by, or under franchise from, the County. (2). The existence of any garbage, trash, junk, debris, or un serviceable vehicle in or on any unauthorized property in the unincorporated area of the County, whereby said material contains evidence of ownership, shall be prima facie evidence of intent to violate and violation of this section by the person whose name appears on such material. n ORDINANCE NO. 87- (3) Upon receipt of a notice of violation of Section 13-18(b)(1), the owner, lessee, and/or tenant of the involved property and/or any other identified violator, shall abate such violation within the time specified in Section 13-19 of this article, and after such time shall be jointly and severally liable for any continuation of such violation. Section 13-19. Abatement of Nuisance. (a) Whenever a Code Inspector as defined in Indian River County Code of Laws and Ordinances Section 1-52, determines that a public nuisance as. described in Section 13-18 of this ordinance exists, the Planning and Development Director shall have the authority to direct the Inspector to either: (1) Serve the violator with notice to appear before the Indian River County Code Enforcement Board in the manner provided in Chapter 1, Article III, Division 2 of the Indian River County Code of Laws and Ordinances. In the event that the Planning and Development Director elects to pursue remedies for -violation of Section 13-18 of this ordinance before the Indian River County Code Enforcement Board, the provisions of Sections 13-19 through 13-23 of this ordinance shall not be applicable to those actions, or (2) The Inspector shall serve notice in the manner provided in Section 13-23 of this article to the owner, owners, and occupant of the property upon which the nuisance lies as provided in this section in substantially the following form. ORDINANCE NO. 87 - Date. To. Address: Property: As owner of record or occupant of the above-described property located in Indian River County, Florida, you are hereby notified that a nuisance exists upon such property, contrary to Section of the Code of Laws and Ordinances of_ Indian River County. The details of the violation -are as follows: (List.Details:) YOU ARE HEREBY ORDERED to, abate the nuisance within thirty (30) days. Upon your failure to abate this nuisance, the Code Inspector shall notify the Board of County Commissioners of Indian River County, and the Board will take steps to abate the above.=stated nuisance and the cost thereof will be levied as an assessment against the property. You are further notified that if'you wish to contest the Code Enforcement Officer's determination that a public nuisance exists, you may apply for a. hearing before the Board of County Commissioners within fifteen (15) days from the date of this,notice. (3) Selection 4of a remedy under this section shall preclude the later application of any other remedy under this section on the same violation but shall not prevent the application of -other available remedies if later violations are discovered involving the same property. (b)_ If thepropertyowner or someone on his behalf has not abated the nuisance within thirty (30) days from the date of receipt of notice, the County Administrator shall have the authority to issue an order to abate ,the nuisance, authorizing the County's employees, servants, agents or contractors 'to enter upon the property and take whatever action is necessary to abate the nuisance. ORDINANCE NO. 87 - Section 13-20. Public Hearing on Nuisance, -------------------------- (a) A property owner may request a public hearing to contest the Code Enforcement Officer's determination that a nuisance exists by writing to the Clerk of the Board of County Commissioners within fifteen (15) days of the date of receipt of notice as provided for"in Section 13-19 of this article. The Clerk shall set a date for hearing and shall notify the owner, and adjacent property owners in writing at least fifteen (15) days prior to the hearing date, (b) At a public hearing, the owner, owners, occupant or representative of the owner, owners, or occupant of the lot, parcel or tract of land or any interested person shall have the right to present any relevant or material facts or evidence. on the following issues, 1. Why the condition of such lot or parcel does not create a public nuisance, or 2. Why the cost of the abatement of such nuisance should not be paid by the owner, or 3. Why the cost of the abatement of such nuisance should not be assessed against such lot, parcel or tract of land. (c) At the conclusion of each hearing, the Board shall determine whether a nuisance exists and, if so, the Board shall, by resolution, declare the nature of the nuisance, describing the lot, parcel or -tract of land involved, determine the name of the owner or such land, and shall serve a copy of said resolution on the owner by registered mail, return receipt requested, Owner shall have ten (10) days from the date of such resolution to correct the condition and situation described in such resolution. In the event the owner fails to abate m ORDINANCE NO. 87 - the nuisance within ten (10) days the County shall take measures to abate the nuisance and remedy the condition or situation and the cost of such work, including labor, equipment, landfill, recording and admini.strative costs, together with costs of foreclosure or collection, including attorney's fees, shall be taxed to the owner and become a lien against such lot, parcel or tract of land. Authorized representatives of the County 'shall have the right to go upon the land described in such resolution at all reasonable times to abate the nuisance and to remedy the condition or situation found to exist. (d) If after hearing, the Board determines a nuisance as described in the Notice of Violation does not exist, or has been abated prior to hearing, then such notice of violation as served upon the owner or occupant shall be considered null and void and of no effect, and no action shall be taken by the County. Notice of such determination shall be sent to,the owner or the occupant of such parcel of land by mail. Section 13-21. Assessment for Abatement of Nuisance. (a) After abatement of nuisance by the County, the cost thereof to the County as to each lot, parcel, or tract of land shall be calculated and reported to the Board of County Commissioners. Thereupon, the Board of County Commissioners, by resolution, shall assess such costs against such lot, parcel or tract of land. Such resolution shall describe the land and state .the cost of abatement, which shall include an administrative cost of $75.00 per lot. Such assessment sh'a I I' be a I e.ga.l , valid and binding obligation upon the property against which made until paid. The assessment shall be due and payable thirty. (3,0). days after the `gmailing of ORDINANCE NO. 87 - notice of assessment after which interest shall accrue at the rate of 12% per annum on any unpaid portion thereof. (b) The clerk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the following form. NOTICE Date. To. Address. Property. As the record owner of the property above-described you are hereby advised that Indian River County, Florida did on the day of order__ the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being. (Describe Nuisance Briefly) A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by Indian River County at a cost of $ _Such cost, by resolution of the Board .of County Commissioners of Indian River County, Florida has. been assessed against the above property on 19 and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this ordinance are excessive or unwarranted or why such expenses should not be charged against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within thirty (30) days from the date of the assessment. (c) If the owner fails to pay assessed costs within (30) days, a certified copy of the assessment shall be recorded in the Official Record Books of the County. The assessment shall constitute a lien against the property coequal with the lien of al state, county and special district liens, as of the date of filing with the Clerk and shall be ORDINANCE NO. 87 - collectible in the same manner as County tax liens. (d) In an action to foreclose liens, it shall be lawful to join one or more losts, parcels, or tracts of land, by whomever owned, if assessed under. the provisions of this ordinance. The property subject to lien may be redeemed at any time prior to sale by the owner by paying a total amount due including interest,- court costs, and other costs incident to the action. (e) Upon payment of lien, the County Attorney or his designee shall, by appropriate means, evidence satisfaction and cancellation of such lien. Section 13-22.. Right_ to Hearing_ on Assessment. (a) Prior to the expiration of the thirty (30) days provided in Section 13-19(b) of this article, any owner shall have a right to have a hearing before the Board to show cause, if any, while the expenses and charges incurred b the County under this ordinance are excessive or unwarranted or -why such expenses should not constitute a lien against said property. However, nothing contained in this section shall be construed to disturb or permit a review of the determination by the Board of the existence of a public nuisance under this ordinance. (b) Public Hearings under this section shall be held by the Board of County Commissioners upon written application for hearings made to the Clerk of the Board within thirty (30) days after the resolution of assessment de.scribed in Section 13-21, and an application for hearing, properly filed, shall stay the recording of the assessment until a hearing has been held and a decision rendered by the Board. ORDINANCE NO.. 87- (c) If the Board determines after hearing that the assessment is fair, reasonable, and,,warranted,q the assessment resolution shall be recorded. If the Board determines that the charges are excessive or unwarranted, it shall direct the County Administrator to recompute the charges and the Board shall hold a further hearing after notice to the,owner upon the recomputed charges. Section 13-23. Serving of Notice. ----------------- The requirement. of serving of notice under the provisions of this ordinance, shall be met by either sheriff's service, or by mailing notice by registered or certified mail, return receipt requested, to the owner at -the address indicated on the records of the Indian River County Property Appraiser of such lot, parcel, or tract of land and shall be deemed served when received. If the lot, parcel, or tract of land is not occupied, a copy of such notice shall also be placed in a conspicuous place upon the property. In the event there is an occupied dwelling on such lot, or lots, parcel, or tract of land, a copy of the notice shall also be served upon the occupant in the manner provided herein. Section 13-24. Penalties. In addition to the. aforementioned civil penalties, a person violating any of the provisions of this article shall be subject to punishment by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed sixty (60) days, or by both such fine and imprisonment. SECTION 2 REPEAL -OF- CONFLICTING _ PROVISION All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance, are. hereby repealed to the extent of such ORDINANCE NO. 87-33 conflict. All Special Acts -of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provision of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section', "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to. accomplish such intentions. SECTION 4 SEVERABILITY If any sections, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 5 EFFECTIVE DATE The provision of this ordinance shall become effective upon -.receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 24th day of _ March_____, 1987. This ordinance was advertised in the Vero Beach Press -Journal on the 3rd day of March_______, 1987, for a public hearing to be held on the 24th day of March 1987, at which time it was moved for adoption by ORDINANCE NO. 87=33 Commissioner Eggert seconded by Commissioner Wheeler and adopted by the following vote: Chairman Don C. Scurlock, Jr. Aye Vice Chairman'Margaret C. Bowman Aye_ Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye_ Commissioner Gary C. Wheeler Aye_ BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By C_ — ATTEST -_ Do Scu lock, Jr Chairman By Freda Wr Th (/ Clerk- i100C F Acknowledgement by the Department of State of the State of Florida, this 6th day of — April______, 1987, Effective date: Acknowledgement from the Department of State received on this 9th day of April , 1987, at 3:OO a.m./p.m. and filed in the Office of the Clerk. of the Board, of. County Commissioners of Indian River County, .Florida. UFFII CI EI,Y,iCY .lams ', wi i son, tsq. As isttnt County Attorney APROVED AS TO PLANNING MA ERS. Robert Kti P ------- g, Planning : Dev lopme t Director